After several attempts in past legislative sessions, Texas lawmakers in May were able to pass a bill outlawing use of electronic devices while driving statewide.
House Bill 62, authored by State Rep. Tom Craddick (R-Midland) and sponsored by State Sen. Judith Zaffirini (D-Laredo), was signed into law June 6 by Gov. Greg Abbott and will become law Sept. 1.
Under the new law, which would make using an electronic device while driving a Class A misdemeanor, drivers will be cited for driving their vehicle while they are using a device to make a phone call or sending and receiving text messages. Exceptions would be for those who use hands-free devices, such as a bluetooth headset, or use their phones as a global positioning system (GPS) or making an emergency phone call.
According to language in the bill, those who are prosecuted in a fatality accident where it was determined texting while driving was a factor could be subject to one year in jail and up to a $4,000 fine.
But the bill also would nullify existing texting while driving ordinances passed by local municipalities in the state.
According to the Texas Tribune, more than 50 cities in Texas, including Buda and Kyle, have enacted their own texting while driving laws.
Jeff Barnett, Kyle Police Department chief, said he welcomes the new law as it creates consistency for travelers across the state. Those who go from town-to-town, especially along interstate highways, are subject to the different rules and regulations with each city’s texting while driving law, which could create issues for travelers.
“With the state law, it’s consistent,” Barnett said. “They won’t have to worry about each city and each ordinance.”
In Kyle, Barnett said citations for texting while driving are lower compared to other types of traffic violations. He estimates roughly 15 to 20 texting while driving citations have been written in Kyle since the city enacted its law in 2015.
While the law is in place and signage points people to that fact, Barnett said commuters “tend to focus” on their driving when they see a police car nearby.
“We do know (texting while driving) is a contributing factor to accidents,” Barnett said.
Buda Mayor Todd Ruge said the new law is a positive piece of legislation as it places a “blanket” over the entire state. Ruge added Buda and other Texas cities have done a good job of legislating themselves prior to the statewide rule.
He believed Buda’s law worked as a deterrent and an educational piece, despite drivers still occasionally breaking the law.
“It makes people aware that it’s a dangerous practice,” Ruge said. “I think it worked well for us.”
With the new laws soon to be in place, Buda would work to comply with the new rules, Ruge said. According to the law, cities and municipalities are not required to place signage in their jurisdiction notifying commuters of the state law.
State officials, primarily the Texas Department of Transportation, would be required to place signage notifying drivers of the new rules on highways and intersections at areas that enter the state.
